LAWS(KER)-2018-7-982

DR. RAMAR Vs. STATE OF KERALA AND OTHERS

Decided On July 10, 2018
Dr. Ramar Appellant
V/S
STATE OF KERALA AND OTHERS Respondents

JUDGEMENT

(1.) The case of the petitioner is that he is the title holder of properties covered by Ext.P-1 sale deed no.2194 dated 25.9.2013 of SRO, Devikulam and the property has been mutated in the name of the petitioner and that he has been paying basic tax as evident from Ext.P-3 land tax receipt dated 22.6.2016 issued by the village officer concerned. The petitioner would further aver that his property was surveyed and demarcated by the 4th respondent Tahsildar and the 5th respondent survey officer, on the basis of the petition filed before the 3rd respondent Sub Collector. The petitioner would aver that though survey work has been completed on 28.5.2014 as discernible from Ext.P-6, the survey sketch has not been issued to the petitioner and that the petitioner has approached the authorities by submitting Ext.P-7 representation dated 25.6.2014, which has not evoked any response. It in the light of these factual aspects that the petitioner has filed the instant Writ Petition (Civil) with the following prayers:

(2.) During the pendency of this Writ Petition, instructions were called for from the learned Government Pleader and it appears that on 10.11.2017, it was submitted by the learned Government Pleader that there is a suit, in which the petitioner is a party and that the parties in the said suit are to be brought to on record in these proceedings. Pendency of the said civil suit as per O.S.No. 39/2014 on the file of Munsiff's Court, Devikulam, has been stated by the petitioner in para 5 of the W.P.(C). Thereafter, the petitioner has filed I.A.No.18298/2017 along with accompanying affidavit dated 20.11.2017 for orders from this Court to implead the plaintiffs in the said suit. Copy of the plaint and order of the interim injunction in that suit have been produced along with the said affidavit as per Exts. P-8 and P-9. This Court as per order dated 24.11.2017 had ordered impleadment of the said additional parties as additional respondents 6, 7 and 8 in the W.P.(C) and notices have been duly served on them, who have entered appearance through Sri.G.Sreekumar (Chelur).

(3.) Heard Sri.N.M.Varghese, learned counsel appearing for the petitioner, Smt.A.C.Vidhya, learned Govt. Pleader appearing for official respondents 1 to 5 and Sri.G.Sreekumar (Chelur) learned counsel appearing for additional respondents 6 to 8.